Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf Act 1995 - s. 83(as amended by 2013 Act) - Constitution of tribunal -Amendment of s. 83(4) whereby three members tribunal to be constituted by the State Government by notification in the Official Gazette - Whether till a three member tribunal is constituted by the State Government by issuing notification one member tribunal as D constituted under 1995 Act would continue functioning or it ceases to have jurisdiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Wakf Act, 1995 - s. 83(as amended by 2013 Act) -Constitution of tribunal -Amendment of s. 83(4) wherebythree members tribunal to be constituted by the StateGovernment by notification in the Official Gazette - Whethertill a three member tribunal is constituted by the StateGovernment by issuing notification one member tribunal as constituted under 1995 Act would continue functioning or itceases to have jurisdiction - Held: State has not done itsmandatory duty of issuing fresh notification constituting threemembers tribunal as provided uls. 83 - It is common practicethat the old institution/member continues to exercise duty till the time any new institution/member takes charge of that duty- One member tribunal would continue to exercisejurisdiction till the time the State constitutes three memberstribunal by notification in the Official Gazette - High Courterred in holding that after the Amendment Act, 2013 came into force, the one member tribunal exercising jurisdictionceased to exist even though a fresh notification constitutingthree member tribunal has not been notified and that the civilcourt would exercise jurisdiction in such situation - States totake steps for constituting a three member tribunal asmandated by s. 83(4) and issue notification to that effect-Wakf (Amendment) Act, 2013.cDoctrine/Principle - Doctrine of implied repeal -Application of - Explained |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2015 INSC 925 |
Petitioner | Lal Shah Baba Dargah Trust |
Respondent | Magnum Developers And Others |
SCR | [2015] 10 S.C.R. 966 |
Judgement Date | 2015-12-15 |
Case Number | 14566 |
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